UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

AZRIEL C. FELLNER, in his capacity as : 

the Personal Representative of the Estate : 

of Tamar Etana Fellner, Deceased, : 

 : 

 Plaintiff : 

 : 

 v. : Civil Action No. 

 : 

PHILADELPHIA TOBOGGAN : 

COASTERS, INC., a Pennsylvania : 

Corporation, and : 

KOCH DEVELOPMENT : 

CORPORATION, an Indiana Corporation, : 

 : 

 Defendants. : 

COMPLAINT

 Comes now the Plaintiff, Azriel C. Fellner, in his capacity as the Personal Representative 

of the Estate of Tamar Etana Fellner, Deceased, and for his Complaint against the Defendants 

herein states as follows: 

 Jurisdiction and Venue

 1. The Plaintiff, Rabbi Azriel C. Fellner (“Rabbi Fellner” or the “Plaintiff”), is the 

duly appointed Personal Representative of the Estate of Tamar Etana Fellner, Deceased. 

 2. At all times relevant, Rabbi Fellner was a citizen of the state of New Jersey. 

 3. At all times relevant, Tamar Etana Fellner (“Tamar” or the “Decedent”) was a 

citizen of the state of New York. 

 4. At all times relevant, the Estate of Tamar Etana Fellner, Deceased, was and is 

proceeding in the state of New York. 

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 5. Defendant, Philadelphia Toboggan Coasters, Inc. (“PTC”), is a corporation duly 

organized under the laws of the state of Pennsylvania, with its principal place of business located 

at 3197 Penn Avenue, Hatfield, Pennsylvania. 

 6. Defendant, Koch Development Corporation (“Koch Development”), is a 

corporation duly organized under the laws of the state of Indiana with its principal place of 

business located at 452 East Christmas Boulevard, Santa Claus, Indiana. 

 7. Koch Development regularly does business under the assumed name of Holiday 

World. 

 8. The jurisdiction of this Court is based upon the complete diversity of citizenship 

(28 U.S.C. §1332) as between the Plaintiff, a citizen of New Jersey, PTC, a citizen of 

Pennsylvania, and Koch Development, a citizen of Indiana. 

 9. Venue is conferred pursuant to 28 U.S.C. §1391(a)(2) in that a substantial part of 

the events or omissions giving rise to this claim occurred within this judicial district. 

General Allegations

 10. At all times relevant, PTC has been engaged in the design, manufacture and sale 

of cars and trains for wooden roller coasters. 

 11. At all times relevant, Koch Development owned and operated an amusement park 

known as Holiday World. 

 12. Koch Development operated, among other things, a wooden roller coaster at 

Holiday World known as “The Raven.” 

 13. PTC developed, designed, manufactured and sold to Koch Development the cars 

and trains for The Raven. 

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 14. On May 31, 2003, Tamar Etana Fellner was killed while riding The Raven. She 

was ejected from the car in which she was riding and fell to her death. 

COUNT I

 Negligence as to PTC

 15. The Plaintiff incorporates each and every allegation contained in paragraphs 1 

through 14 as if fully set forth herein. 

 16. PTC owed a duty to Tamar, and all riders of The Raven for that matter, to design 

and manufacture “restraints” within the cars of The Raven in such a manner that ejection 

therefrom during the operation thereof would be impossible. 

 17. PTC breached that duty by inter alia: 

 a. failing to safely develop, design, manufacture, test, and/or inspect the 

 “restraints” within the cars for The Raven to prevent Tamar’s ejection 

 therefrom while riding The Raven; 

 b. failing to provide adequate instructions and warnings regarding the proper 

 use, operation, and maintenance of the equipment described herein; and 

 c. failing to comply with all local, state, and/or federal regulations, 

 ordinances, rules and/or statutes applicable to the manufacture and sale of 

 such cars and trains for wooden roller coasters. 

 18. As a direct and proximate result thereof, Tamar was killed. 

 19. As a direct and proximate result thereof, the Plaintiff has suffered damages, 

including, but not limited to, hospital, nursing, medical, funeral and administration expenses, 

pain and suffering of the Decedent until the time of her death, expectancy income and the loss of 

the Decedent’s love and affection, which are in excess of Seventy Five Thousand Dollars 

($75,000.00). 

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 20. Furthermore, the Plaintiff is entitled to recover punitive damages against PTC as 

PTC’s above-described breach was done through wanton willfulness and/or reckless indifference 

and was not the result of an honest error or judgment, overzealousness, mere negligence or other 

known failure. 

 WHEREFORE, the Defendant demands judgment in its favor and against Defendant, 

PTC, in an amount to be established by the evidence at the trial of this cause, together with 

prejudgment interest and the costs of this action, plus punitive damages, and all other relief just 

and proper in the premises. 

COUNT II

 Negligence as to Koch Development

 21. The Plaintiff incorporates each and every allegation contained in paragraphs 1 

through 20 as if fully set forth herein. 

 22. At all times relevant, Koch Development owed Tamar, and all riders of The 

Raven for that matter, a duty to safely maintain, monitor and administer the operation of The 

Raven. 

 23. Koch Development breached that duty by inter alia: 

 a. failing to ensure that Tamar was safely and properly secured by the 

 “restraints” within the car of The Raven in which she was riding; 

 b. failing to properly hire, train, monitor and oversee the ride attendants; 

 c. failing to properly test, inspect, and maintain the safety restraints within 

 the car of The Raven; 

 d. failing to provide proper and adequate warnings regarding use of the 

 The Raven; and 

 e. failing to comply with all local, state, and/or federal regulations, 

 ordinances, rules and/or statutes applicable to the operation of an 

 amusement park ride such as The Raven. 

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 24. As a direct and proximate result thereof, Tamar was killed. 

 25. The Plaintiff’s damages directly and proximately resulting from Tamar’s death 

include, but are not limited to, hospital, nursing, medical, funeral and administration expenses, 

pain and suffering of the Decedent until the time of her death, expectancy income and the loss of 

the Decedent’s love and affection, which are in excess of Seventy Five Thousand Dollars 

($75,000). 

 26. Furthermore, the Plaintiff is entitled to recover punitive damages against Koch 

Development as Koch Development’s above-described breach was done through wanton 

willfulness and/or reckless indifference and was not the result of an honest error or judgment, 

overzealousness, mere negligence or other known failure. 

 WHEREFORE, the Plaintiff demands judgment in its favor and against the Defendant, 

Koch Development, in an amount to be established by the evidence at the trial of this cause, 

together with prejudgment interest and the costs of this action, plus punitive damages, and all 

other relief just and proper in the premises. 

COUNT III

Strict Liability as to PTC

 27. The Plaintiff incorporates each and every allegation contained in paragraphs 1 

through 26 as if fully set forth herein. 

 28. The Raven was developed, designed, manufactured, distributed, leased, sold, and 

supplied for public use in a condition unreasonably dangerous to perspective users and 

consumers. 

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 29. The aforementioned product was defective by virtue of PTC’s: 

 a. failing to safely develop, design, manufacture, test, and/or inspect the 

 “restraints” within the cars for The Raven to prevent Tamar’s ejection 

 therefrom while riding The Raven; 

 b. failing to provide adequate instructions and warnings regarding the proper 

 use, operation, and maintenance of the equipment described herein; and 

 c. failing to comply with all local, state, and/or federal regulations, 

 ordinances, rules and/or statutes applicable to the manufacture and sale of 

 such cars and trains for roller coasters. 

 30. As a direct and proximate result thereof, Tamar was killed. 

 31. As a direct and proximate result thereof, the Plaintiff has suffered damages, 

including, but not limited to, hospital, nursing, medical, funeral and administration expenses, 

pain and suffering of the Decedent until the time of her death, expectancy income and the loss of 

the Decedent’s love and affection, which are in excess of Seventy Five Thousand Dollars 

($75,000.00). 

 32. Furthermore, the Plaintiff is entitled to recover punitive damages against PTC as 

PTC’s above-described breach was done through wanton willfulness and/or reckless indifference 

and was not the result of an honest error or judgment, overzealousness, mere negligence or other 

known failure. 

 WHEREFORE, the Plaintiff demands judgment in its favor and against the Defendant, 

PTC, in an amount to be established by the evidence at the trial of this cause, together with 

prejudgment interest and the costs of this action, plus punitive damages, and all other relief just 

and proper in the premises. 

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Count IV

Strict Liability as to Koch Development

 33. The Plaintiff incorporates each and every allegation contained in paragraphs 1 

through 32 as if fully set forth herein. 

 34. The Raven was developed, designed, manufactured, distributed, leased, sold, and 

supplied for public use in a condition unreasonably dangerous to perspective users and 

consumers. 

 35. The aforementioned product was defective by virtue of Koch Development’s: 

 a. failing to ensure that Tamar was safely and properly secured by the 

 “restraints” within the car of The Raven in which she was riding; 

 b. failing to properly hire, train, monitor and oversee the ride attendants; 

 c. failing to properly test, inspect, and maintain the safety restraints within 

 the car of The Raven; 

 d. failing to provide proper and adequate warnings regarding use of the 

 The Raven; and 

 e. failing to comply with all local, state, and/or federal regulations, 

 ordinances, rules and/or statutes applicable to the operation of an 

 amusement park ride such as The Raven. 

 36. As a direct and proximate result thereof, Tamar was killed. 

 37. As a direct and proximate result thereof, the Plaintiff has suffered damages, 

including, but not limited to, hospital, nursing, medical, funeral and administration expenses, 

pain and suffering of the Decedent until the time of her death, expectancy income and the loss of 

the Decedent’s love and affection, which are in excess of Seventy Five Thousand Dollars 

($75,000.00). 

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 38. Furthermore, the Plaintiff is entitled to recover punitive damages against Koch 

Development as Koch Development’s above-described breach was done through wanton 

willfulness and/or reckless indifference and was not the result of an honest error or judgment, 

overzealousness, mere negligence or other known failure. 

 WHEREFORE, the Plaintiff demands judgment in its favor and against the Defendant, 

Koch Development, in an amount to be established by the evidence at the trial of this cause, 

together with prejudgment interest and the costs of this action, plus punitive damages, and all 

other relief just and proper in the premises. 

Count V

Breach of Implied Warranty as to PTC

 39. The Plaintiff incorporates each and every allegation contained in paragraphs 1 

through 38 as if fully set forth herein. 

 40. PTC designed, manufactured and sold the cars and trains for The Raven. 

 41. PTC impliedly warranted that the cars were reasonably fit for their purpose. 

 42. The Raven’s cars were not fit for the intended use as warranted, nor were they 

free from defects, but to the contrary they were in a dangerous and defective condition 

unreasonably dangerous to prospective users and consumers. 

 43. As a direct and proximate result of PTC’s breach of warranty, the Plaintiff has 

suffered damages, including, but not limited to, hospital, nursing, medical, funeral and 

administration expenses, pain and suffering of the Decedent until the time of her death, 

expectancy income and the loss of the Decedent’s love and affection, which are in excess of 

Seventy Five Thousand Dollars ($75,000.00). 

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 WHEREFORE, the Plaintiff demands judgment in its favor and against the Defendant, 

PTC, in an amount to be established by the evidence at the trial of this cause, together with 

prejudgment interest and the costs of this action, plus punitive damages, and all other relief just 

and proper in the premises. 

Count VI

Breach of Implied Warranty as to Koch Development

 44. The Plaintiff incorporates each and every allegation contained in paragraphs 1 

through 43 as if fully set forth herein. 

 45. Koch Development sold admission to The Raven. 

 46. Koch Development impliedly warranted that The Raven was reasonably fit for its 

purpose. 

 47. The Raven was not fit for its intended use as warranted, nor was it free from 

defects, but to the contrary it was in a dangerous and defective condition unreasonably dangerous 

to prospective users and consumers. 

 48. As a direct and proximate result of Koch Development’s breach of warranty, the 

Plaintiff has suffered damages, including, but not limited to, hospital, nursing, medical, funeral 

and administration expenses, pain and suffering of the Decedent until the time of her death, 

expectancy income and the loss of the Decedent’s love and affection, which are in excess of 

Seventy Five Thousand Dollars ($75,000.00). 

 WHEREFORE, the Plaintiff demands judgment in its favor and against the Defendant, 

Koch Development, in an amount to be established by the evidence at the trial of this cause, 

together with prejudgment interest and the costs of this action, plus punitive damages, and all 

other relief just and proper in the premises. 

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Count VII

Wrongful Death as to Koch Development and PTC

 49. The Plaintiff incorporates each and every allegation contained in paragraphs 1 

through 48 as if fully set forth herein. 

 50. As a direct and proximate result of the negligence, carelessness, and/or 

recklessness of the Defendants Koch Development and PTC as set forth above, Plaintiff’s 

decedent suffered injuries resulting in her death on or about May 31, 2003. 

 51. As a result of the death of Tamar, Plaintiff, Azriel C. Fellner, Personal 

Representative of the Estate of Tamar Etana Fellner, Deceased, claims on behalf of Azriel and 

Judith Fellner, Tamar’s parents, damages for loss of Tamar’s life, society, support, services, 

wages, aid, assistance, and pecuniary losses suffered by Tamar’s parents and such other damages 

as provided for in the Wrongful Death Act. 

 WHEREFORE, the Plaintiff demands judgment in its favor and against the Defendants, 

Koch Development and PTC, in an amount to be established by the evidence at the trial of this 

cause, together with prejudgment interest and the costs of this action, and all other relief just and 

proper in the premises. 

Count VIII

Survival Action as to Koch Development and PTC

 52. The Plaintiff incorporates each and every allegation contained in paragraphs 1 

through 51 as if fully set forth herein. 

 53. On May 31, 2003, Tamar died as a direct and proximate result of the deliberate, 

negligent, reckless and/or careless conduct of the Defendants as alleged above. 

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 54. Pursuant to the Pennsylvania Survival Act, 42 Pa. C.S.A. § 8302, et. seq., the 

Plaintiff as the Personal Representative of the Estate of Tamar Etana Fellner, Deceased, 

commences this action against the Defendants, which action could have been commenced by the 

Decedent had she survived. 

 55. As a direct and proximate result of the deliberate, negligent, reckless and/or 

careless conduct of the Defendants, Plaintiff seeks recovery for damages in the form of 

compensation for the extreme pain and suffering, humiliation, embarrassment, lost wages, lost 

earnings and impairment of future earning capacity experienced by Tamar prior to and following 

her death on May 31, 2003. 

 56. Furthermore, the Plaintiff is entitled to recover punitive damages against PTC and 

Koch Development as their above-described actions were done through wanton willfulness 

and/or reckless indifference and were not the result of an honest error or judgment, 

overzealousness, mere negligence or other known failure. 

 WHEREFORE, the Plaintiff demands judgment in its favor and against the 

Defendants, PTC and Koch Development, in an amount to be established by the evidence at the 

trial of this cause, together with prejudgment interest and the costs of this action, plus punitive 

damages, and all other relief just and proper in the premises. 

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DEMAND FOR JURY TRIAL

 Plaintiff respectfully demands trial by jury herein. 

 Respectfully submitted, 

 s/Keith W. Vonderahe 

 Patrick A. Shoulders 

 Keith W. Vonderahe 

 Ziemer, Stayman, Weitzel & Shoulders, LLP 

 P.O. Box 916 

 Evansville, IN 47706-0916 

 Phone: (812) 424-7575 

 Fax: (812) 421-5089 

 E-mail: kvonderahe@zsws.com

 s/Tracy G. Weiss 

 Robert A. Nicholas 

 Tracy G. Weiss 

 REED SMITH LLP 

 2500 One Liberty Place 

 1650 Market Street 

 Philadelphia, PA 19103 

 (215) 851-8100 

 Attorneys for Plaintiff 

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